THE "DOOR" IS STILL CLOSED TO RIGHT TO COUNSEL AT ROADSIDE

The Alberta Court of Appeal has re-affirmed that the preliminary investigative role played by the screening sample provisions is such that the detained person is not entitled to retain and instruct counsel before either complying with or refusing the demand.  At paragraph [4] the Court wrote "That door is closed until the Supreme Court says otherwise." And further, "Parliament has chosen to provide a 'powerful tool to curtail, investigate and prosecute drinking and driving related offences', and the continuing social harm by such offences 'fully justifies the existence of this procedure'." R. v. Caswell, 2016 ABCA 305

For background, see blog entry dated March 14, 2015 and also see R. v. Caswell, 2015 ABCA 97, R. v. Caswell, 2014 ABQB 640 and R. v. Caswell, 2014 ABPC 55.